R (Prudential plc) v Special Commissioner of Income Tax [2010] EWCA Civ 1094; [2013] UKSC 1 – Law Journals

Privilege: Ever-decreasing circles

Gwendoline Davies, Andrew Northage and Robert Starr assess the impact of a recent ruling on legal professional privilege ‘There are important public policy justifications underpinning privilege, such as the need for clients to be able to candidly disclose matters to their lawyers.’ A recent High Court ruling is the latest in a line of cases …

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Privilege: Practice makes privileged

Gwendoline Davies and Andrew Beck explain the important principle of legal advice privilege and offer their practical advice ‘The judge emphasised that factual documents will not attract privilege simply because they were prepared by a lawyer who was present at a meeting – the key consideration will be whether the documents were created in connection …

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Privilege: Litigation privilege – the dominance matrix

Clare Arthurs and Phillip D’Costa find out about recent developments in privilege ‘Tchenguiz provides some useful guidance as to how litigation privilege will be applied by the courts.’ Legal professional privilege attracts its fair share of judicial and public attention. Broadly speaking, it protects confidential communications between a lawyer and client from disclosure, in order …

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Construction Focus: Construction focus

John Starr contemplates whether legal privilege applies to a claims consultant, and the assignment of causes of action ‘Claims consultants and those that instruct them should be aware that communications between them are unlikely to be privileged from disclosure unless created in anticipation of proposed litigation.’ Be careful whom you consult There has been a …

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Privilege: A privileged upbringing

Joanna Ludlam and Fiona Lockhart examine the likely impact of the Prudential judgment The provision of legal advice is not the sole preserve of lawyers and in these challenging commercial times clients do not want to have to pay for ‘legal filters’ (having their lawyers instruct third parties whom they could instruct themselves).In a much …

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Discrimination Law: Claims by equity partners

Employment tribunals are increasingly having to resolve discrimination claims brought against partnerships. Suzanne McKie and Laura Bell look at the key issues ‘When seeking to resolve disputes within a partnership structure, it is common to have informal “without-prejudice chats” between partners to keep disputes low-key.’It is fair to say that equity partners are becoming increasingly …

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